Jurors clear doctor and hospital

October 20, 2007|By Nancy L. OthM-sn Staff Writer

After three weeks of listening to two versions about what happened the day Susan Special died giving birth to her son, a Palm Beach County jury put an end to the debate Friday with just one word: "No."

No, Dr. Ivo Baux was not negligent in Special's death. With that, West Boca Medical Center also was cleared of any responsibility.

Frank Special, whose son, Nicholas, is 4, left the courtroom in silence.

Baux wept with his wife.

"The truth was on my side," Baux said minutes later.

Jurors deliberated about four hours over two days before returning their verdict, filing into the courtroom without so much as a glance at Special. His attorneys had asked for at least $10 million in economic damages as well as for pain and suffering.

"We're in shock by the jury's verdict," said Gary Cohen, who represents Special. "We're obviously disappointed and we'll be making motions for a new trial."

Susan Special, 38, died in June 2003 after a Caesarean section. Moments after Nicholas was born, she suffered a seizure, went into cardiac arrest and lost consciousness. Baux, who administered her spinal epidural, was accused of improperly monitoring Susan Special's vital signs and not properly responding to her deteriorating condition.

Special's attorneys argued that Susan Special died of anesthesia-related complications, dismissing defense expert testimony that she died of an amniotic fluid embolism.

A defense expert in maternal-fetal medicine and an expert forensic pathologist both attributed her death to the rare and often fatal condition, in which there is an allergic reaction to fetal fluid in the maternal circulation.

Those experts disputed an autopsy report and testimony from the Palm Beach County Medical Examiner's Office.

Cohen said he is "100 percent certain that this had nothing to do with this so-called amniotic fluid embolism."

Attorneys for West Boca Medical Center and Baux credited jurors with understanding a complex case and overcoming a possible urge to award damages based on sympathy.

"Forget about the fact that it wasn't our fault. This guy lost his wife. That baby doesn't have his mother. It's a terrible thing. There's no question about that," said West Boca Medical Center attorney Scott Michaud.

Attorney Rose Marie Antonacci-Pollock, who also represents West Boca Medical Center, said the legal team had to overcome outrage that jurors might have felt when learning the case involved the death of a woman during childbirth.

"The reality is in this day and age, despite the advancements we've made and despite the heroic best efforts of incredibly well-trained doctors, there are certain diseases and things that happen in the phenomenon of medicine that no one can fix," Antonacci-Pollock said.

Most persuasive to his case, Baux said, was his testimony.

"His honesty came through," added Russell Bobo, Baux's attorney.

American women are dying from childbirth at the highest rate in decades, though it remains rare, according to recent figures from the National Center for Health Statistics. The maternal mortality rate rose to 13 deaths per 100,000 live births in 2004, up from 12 per 100,000 live births in 2003.

Amniotic fluid embolism, which is unpredictable, is thought to occur in 1 of every 20,000 deliveries.

Nancy OthM-sn can be reached at nothon@sun-sentinel.com or 561-228-5502.